A/HRC/23/35 D. Procedural barriers 78. Courts and even adjudicative bodies may at times insist on the formality of their procedures, severely disadvantaging anyone without legal representation. Procedures to bring claims must be simplified for unrepresented claimants, and kept as informal as possible for quasi-judicial institutions. Rules with respect to legal standing to bring a claim should allow not just a child and their parents, but also third parties to bring a claim based on the alleged violation, in order to ensure that cultural constraints, or threats against the victims, do not prevent cases from emerging. E. Litigation costs and legal assistance 79. Fees to file complaints, however minor, have the effe ct of deterring claimants. This effect is more pronounced on the poor, who in turn are often those most affected by violations. Quasi-judicial mechanisms should never require payment to bring a claim, and subsidies for court proceedings should be available on a needs-based assessment. 80. The complexity of legal procedures in any court requires legal advice. States seeking to ensure citizens are able to defend their right to education should provide competent legal aid in civil courts, on a needs-tested basis, to ensure this basic human right is defended. XII. Conclusions and recommendations 81. International, regional and national jurisprudence has demonstrated that the right to education is a legally enforceable right. In case of its violation, it can be protected and enforced through adjudicative mechanisms. These are invaluable for allowing citizens to address violations of their rights in a fair and impartial manner. Its justiciability should be publicly acknowledged, and reaffirmed by governments in the constitution and domestic legislation. 82. Bearing in mind the key importance of the justiciability of the right to education and its enforcement, and with a view to fostering protective as well as promotional role of adjudication mechanisms, the Special Rapporteur would like to offer the following recommendations: Legislating the right to education (a) States must fully assume their obligation to respect, protect and fulfil the right to education. Their first obligation in this regard is to give effect to the right in their domestic legal order, and ensure its effective enforcement in case of violation through national, regional and international judicial and quasijudicial mechanisms. Individuals as beneficiaries of the right to education, as defined in national legislation and as contained in international law, must be able to have legal recourse against its violations. (b) The right to education should be provided the broadest and strongest legal protection possible. States with a dualist legal tradition should ensure their constitutions and national legislation are amended to directly provide for the right to education. This is important, as constitutional protections cannot be ignored by courts, quasi-judicial mechanisms or even governments unwilling to address violations of the right. 20